2024 Winter Newsletter

Montana Innocence Project Supporters, 

With spring just around the corner, we are excited to share a winterrecap with you! Read on for the human-centered stories behind unjust convictions, and updates on moving innocence cases forward.


MTIP In The News: 

Montana may resurrect compensation for wrongful convictions, The Independent Record

Montana Innocence Project reviewing a 1983 Billings homicide, The Independent Record

Five Victories Against Wrongful Convictions in the First Week of the Year, ScheerPost

Why wrongful convictions can be so hard to overturn, Montana Public Radio


Legal Updates:

Joseph Jefferson Dust 

On July 28th, 2023 Joe appeared before Judge Brett Linneweber who relieved him from all duties of his sentence, and indicated that he would vacate the conviction.

On February 14th, 2024 Judge Linneweber set aside the judgments against Joe and ordered a new trial. 

Katie Garding

MTIP filed a Motion to Dismiss the Appeal for Lack of Jurisdiction and await the 9th Circuit’s Order. In September, pro bono attorney and former board member Lars Phillips presented oral argument to the 9th Circuit. We await the Court’s decision.

Aaron Oliphant 

MTIP filed a Petition for Writ of Certiorari to the Supreme Court of the United States in June 2023, which was denied October 2, 2023. We continue to review all possible options available to Aaron.

Bernard Pease Jr. 

Following favorable DNA testing results, an evidentiary hearing was ordered in July of 2023, where Bernard appeared before Yellowstone County District Judge Thomas Pardy. MTIP’s legal team called five expert witnesses who contextualized the results of DNA testing in and demonstrated how the sciences used to convict him were invalid. Both parties have submitted briefings following this hearing and await the Court’s decision.

Kelly Worthan 

On August 8th, 2023 Montana Supreme Court denied the appeal of our client Kelly Worthan’s Post Conviction Relief Petition. After considerable review, it is with a heavy heart, that we have ended our legal representation of Kelly. Though we believe in his innocence, the laws, as written, make it nearly impossible to argue his innocence in court. 


Top Winter Stories: 

Podcast: MTIP client Bernard Pease Jr. reflects on his first month home after spending nearly 40 years wrongfully incarcerated 

Alaskan author shares ‘Where is Uncle?’ picture book series to support children with incarcerated loved ones 

Recap of Bernard Pease Jr.’s first holiday season home in 39 years, and reuniting with family upon discharge from pre-release 

Podcast: Hear from the formerly incarcerated Indigenous women transforming Lake County Drug Court


In Case You Missed it: